Newton Independent

Letter: Come tour the nursing homes with me governor

Newton Independent

Editor's Note: Following is an open letter to Gov. Terry Branstad written on Monday by Sylvia Piper, executive director of Iowa Protection and Advocacy Services.

Governor Branstad,

I write to invite you to join me on what is certain to be an enlightening journey of discovery. I wish to host a two-day (a week would be better, but I know you're busy) tour of Iowa's nursing homes. I also invite Iowa Department of Inspections and Appeals (DIA) Director Rod Roberts to join us.

Recently, through Director Roberts, you fired 10 nursing home inspectors. Iowans thought this was part of your plan to slash spending and shrink government. But when the General Assembly, including the Republican controlled Iowa House, appropriated $650,000 to reinstate those positions, you and Director Roberts took the money and funneled it to other programs. No inspectors were reinstated; this despite the fact your DIA staff and the federal government insist those inspectors are desperately needed. Spending wasn't cut, and the legislature's intent - protecting nursing home residents - was blatantly ignored.

I pale to imagine that Rod Roberts, an ordained minister, would turn away from those whom he has nobly and solemnly vowed to "lift up." It is clear he purposely ignored the will of his former colleagues in the legislature, but I suspect Director Roberts would have taken different action if not for direct orders from you to stand down.

Since you have admittedly forgotten events from your previous tenure as governor, let me refresh your memory. Surely you remember when, in 1995, your own Republican state auditor, Richard Johnson, publicly stated DIA was not in compliance with Iowa's legal requirement to inspect each nursing home at least once every 15 months. In 1997, the state ombudsman examined the state's regulation of nursing homes and found the DIA had - for eight straight years - failed to enforce state and federal laws governing the operation of nursing homes. He concluded the department was violating federal law by failing to penalize care facilities for neglect of residents, even in cases where deaths had occurred. Other state agencies criticized you at the time for being "too lenient" on homes where elderly Iowans had been injured or died as a result of abuse or neglect. Certainly a man possessed of any intellectual horsepower at all would remember criticism so scathing. Do you honestly think Iowans buy it when you claim not to remember these reports? What an insult!

At this writing, hundreds of Iowa nursing homes are under citation for egregious, and often deliberate, violations of state and federal law. Many are guilty of multiple infractions and are habitual offenders. This can be traced directly to a culture fostered by you years ago and perpetuated by you now. If our food supply was subject to such lax regulation, countless Iowans would become ill, and perhaps die, of food-borne illness. If OSHA regulations were conveniently ignored, Iowa's workers would be crushed, electrocuted, asphyxiated, buried alive, dismembered, and fall to their deaths in staggering numbers.

You get my point. Because of your political choices people are suffering and dying on a regular basis in Iowa's nursing homes. I repeat: suffering and dying on a regular basis.

During your campaign you said you want inspectors to be more collaborative with nursing home operators, to not be so tough on them even though it is their responsibility to regulate them according to the law. That is akin to asking correctional officers in our state penitentiaries to be more collaborative with the state's most violent offenders, to partner up, to go easy on them for heaven's sake.

The larger part of me wants to believe that no one, especially not the governor, could be this callous toward any person or class of people (in this case, elderly persons) living in the state he runs. After all, we know government's primary function is to do for people what they cannot do for themselves. Protecting those who are helpless and vulnerable seems to fit that description quite well. We do not tolerate abuse and neglect of infants and children (helpless and vulnerable); what makes senior citizens in care facilities any different?

I conclude then your insensitivity is not borne of malice, but of ignorance, a lack of personal experience with daily life in a nursing home. Come with me, Governor. We will visit a dozen nursing homes across the state. We will not notify them of our informal inspection. We won't share our itinerary with Jean Yordi, as she gives nursing home operators advance notice that an inspection is coming. We'll just show up.

I think you will be surprised, possibly even shocked, at what you see, hear, and smell. I know you will witness lots of nervous nursing home adminstrators and staff scurrying about, and most certainly scores of residents who will be desperate to tell you of the undignified, shameful, and often horrible things they have witnessed and experienced.

This invitation is genuine. I hope you will accept. For over 35 years I have advocated for nursing home residents and persons living with disabilities. I want you to see what I have seen. I want you to witness up close the effects of abuse and neglect. I wager that less than 24 hours after our return, if you are even remotely human, you will double the number of nursing home inspectors on your staff. You will give Rod Roberts a brand new set of tough, meaningful marching orders.

Don't worry; your nursing home buddies will be fine. They will still make millions while operating ethically and lawfully. They may even do better. Even though they have given you hundreds of thousands of campaign dollars to encourage you to look askance, surely knowing you have finally done the right thing will reward you in a different, but very significant way.

Warm regards,
Sylvia Piper

 

Newton school district candidates meet in LWVJC forum

By PETER HUSSMANN

Candidates for the Newton School Board were in agreement that the district's declining enrollment and the financial impact that has on the ability to provide educational programming to Newton students is the most serious issue currently facing the district.

The issue of declining enrollment was the first issue touched in the League of Women Voters of Jasper County's school board candidate forum held Tuesday evening at Newton City Hall.

Five candidates are seeking three open seats for four-year terms on the school board, including three incumbents - Donna Cook, Darrin Hamilton and Joe Klingensmith. Two people, Nat Clark and Bill Perrenoud, are seeking election to public office for the first time, though Clark did seek school board appointment to the seat left vacant by Sheri Benson in March 2010. Jeremy Heaberlin is running unopposed for the two years left on that seat after the school board's appointee, Melissa Hintz, did not seek re-election due to her pending move from the community.

Following opening statements, the candidates addressed a number of questions posed by League members and those attending the candidate forum Tuesday. The declining enrollment numbers were at the top of the list.

Hamilton said that it is not only the declining student numbers that concern him, but also the 0 percent allowable growth handed to school districts across the state by state lawmakers this year that has him worried. Couple that with the recent Supreme Court decision in a case out of Newton involving the classification of properties for taxation purposes and the district could find it even more difficult to fund education, he said.

The Newton School District has had declining student numbers for years, so much so that it dropped its affiliation with big-school class 4A districts in central Iowa to a smaller 3A classification. In addition, the declining numbers forced the district to close Emerson Hough Elementary and forgo such program offerings as orchestra.

Numbers from the Iowa Department of Education show Newton had 3,404 students in the 2001-2002 school year, the earliest year for enrollment data on its web site. Last school year Newton had a certified enrollment of 3,102 for a decline of 302 students over that period. The declines have increased more rapidly in recent years with the enrollment down 224 students since the 2007-2008 school year. Last year's loss of 100 students was the sharpest decline Newton has seen in four years. And on Monday, Newton Superintendent Steve McDermott told board members that preliminary student number appear to be down again this school year.

The loss of students led Heaberlin to say that Newton needs to take another tack.

"Whether we like it or not, Newton has been reduced to a commuter town," he said.

Heaberlin said the district needs to work on providing as high a quality education program as possible within its means. By promoting a quality school system, new residents will be attracted to move to Newton and enroll their children in the district.

The recent decision to realign the elementary grades into upper and lower levels brought some disagreement among the candidates seeking office, though all of them realized that undoing it at this time would not likely be prudent.

Klingensmith said he was not in support of the change to the K-3, 4-6 building alignment when he voted on the issue a year ago. However, since that time he said he has seen the benefits the alignment has had on teachers' ability to collaborate with others on the educational programming of individual children. He said he would like to see more detailed information on the alignment's outcome before deciding the future of the arrangement.

Perrenoud agreed that the alignment allows for more teacher collaboration, but said it also is "hassle" for families who have to take elementary students to two different buildings. The former teacher and school counselor said he would like to see an alignment where students in grades kindergarten to fifth grade attend classes together with the sixth graders going to the middle school.

Clark, who has been impacted by the change by having elementary children attending different schools, said the arrangement "makes it difficult to arrange time" with his children at both schools. He also questioned the benefit.

"The decision was made in a rush under the guise we were doing what was best for our children," he said. "I don't think it's any better than before."

Cook, who supported the change and favors continuing the new arrangement, said the realignment was a "well planned decision" that "provides the best instruction with the resources we have."

The candidates were also asked what one improvement they would like to see be made in the district, a question that elicited a response from Clark of better communication from the school district to both the parents of students and the community at large.

Klingensmith said the district is currently "on the right track" and that "a lot of good strategies and policies are in place," like the Career Academy, but that parents need to take more ownership of their child's education and not "pawn off the excuse" that the district is not providing enough information.

Hamilton, noting recent data on school bullying that the Iowa Department of Education Director Jason Glass has term "unbelievably low," said the district needs to ensure a safe learning environment. In addition, he said the district needs to take full advantage of the fact that the district has such a high percentage of educators with advanced education degrees.

The candidates were also asked what students need to learn while in school, to which most replied the ability to critically analyze information and know where to find reliable data as the information age expands.

Heaberlin and Klingensmith, however, injected morals and values into the equation to which Perrenoud responded that public school districts really can't go there but can emphasize student character.

Finally, the candidates were asked to identify a current strength of the Newton School District.

"Teachers and staff," Perrenoud said. "That's what makes it click."

Cook noted the "strong leadership" and "great teachers" within the district as one of its strengths.

Clark said that when he and his wife were looking for a place to locate after he took a job in Grinnell, they toured the Newton schools where teachers and staff welcomed them with open arms.

"Newton as a whole has been that; the town reflects that to the Nth degree," Clark said. "It's been a long time since I've lived any place I can call home."

Hamilton noted the district's ability to "get things done."

"As we've faced challenges, whatever we have faced, we have been able to overcome them and move forward," he said.

The school election is set for Tuesday, Sept. 13. Absentee balloting is open.

Skiff donations make a difference to South Dakota tribe

 
Jake, a member of South Dakota's Oglala Sioux Tribe, is seen wearing a shirt donated by Skiff Medical Center featuring the hospital's previous logo. Jake was one of many tribe members who benefited from the hundreds of items sent by Skiff employees.

Newton Independent

Poverty-stricken members of South Dakota's Oglala Sioux Tribe now have clean, good-condition clothes to wear thanks to the donations of employees at Skiff Medical Center.

More than a year has elapsed since the hospital updated its branding, which included a new logo. Since then, Skiff has worked to phase out the previous logo as promptly and efficiently as possible. One thing that soon became clear in the process was how many old-logo items were owned by Skiff employees.

"Our employees are fantastic supporters of Skiff," said Stephanie Alexander, director of public relations and marketing. "As a result, throughout the years, many of them have accumulated quite the collection of clothing and merchandise with the previous branding."

In June, Skiff held an apparel swap during which employees were able to bring in old-logo apparel and items in exchange for credit toward new Skiff merchandise. The result of the swap was several commercial-sized laundry bins filled to overflowing with clothing, mugs, lawn chairs and other Skiff items.

The hospital was able to send small amounts to communities in need in Mozambique, Haiti and West Virginia. The biggest donation, however, went to the Pine Ridge Reservation in South Dakota, the site of a mission trip conducted by First Lutheran Church in Newton.

A minivan was filled to capacity with hundreds of old-logo apparel and merchandise items and then given to members of the tribe living on the reservation that is noted for its "grinding poverty."

"It was fund to give these things out and then, just a little bit later, see people wearing their Skiff shirts," said church member Judy Monroe, who helped coordinate the give-away.

Those attending the mission trip said tribe members were appreciative of the donations. One tribe member, Loren, whose own shirt was ripped at the neck, can be seen and heard in video footage shot by church members holding up a clean, folded Skiff shirt and saying in both English and native language, "You gave me these t-shirts. When you come back, you'll see me using them. Thank you."

"We appreciate our employees for supporting not only the hospital, but also those in significant need," Alexander said. "These donations touched lives."

Newton School Board candidate: Darrin Hamilton

Newton Independent

Editor's Note: The Newton Independent invited all those seeking election in the Sept. 13 school board election to introduce themselves to readers and provide some information on why they are seeking public office. Darrin Hamilton, an incumbent seeking re-election to a four-year terms on the board, is the next to reply.

By DARRIN HAMILTON

My name is Darrin T. Hamilton. I grew up and went to school in Ankeny. My dad worked 35 years at the John Deere plant, first as a welder, and retiring as a machinist (cotton picker spindle grinder). My mom stayed at home while we were younger, volunteering at our school and when we were older she worked at Iowa Lutheran Hospital as a lab technician.

I went to the University of Iowa, receiving a degree in political science with a minor in economics, and then law school at Drake University in Des Moines. I have been practicing municipal corporate law for 21 years; eight years for the City of Council Bluffs. This October will be 13 years in Newton as city attorney.

Mary and I have been married for 17 years. Unfortunately, we were not blessed with children. We are proud aunt and uncle to 20 nieces and nephews.

As a volunteer reader at Berg Elementary through Everybody Wins! Iowa, I have the opportunity to be at an elementary school once a week. I'm in my sixth and final year of serving as a commissioner on the Iowa Commission on Volunteer Service. In Rotary, I served on the board and am involved in the student exchange program.

I have served on over a dozen boards in the public and private sector, and boards for profit, non-profit and tax exempt organizations. Years served add up to exceed 50.

Three years ago when there were two spots on the school board open, only two people ran. I ran because I think it is important for people to serve and give back to their community. I had no perceived wrong I was running to try and correct. When the Newton Daily News asked what I wanted to focus on, I replied better graduation rates and better community. The district's graduation rates have seen some improvement. With some new ideas likely to be implemented this year, I expect to see even more improvement. I have a Facebook page (Facebook.com/HamiltonNewtonSchoolBoard) dedicated to promoting better communication between residents of the school district and me. More can be done to improve communications.

I am running for re-election and asking you to cast one of your votes for me. I offer my experience, knowledge and background that I would bring to the table. I think through and analyze issues, seeking out information to help make sound decisions. I'm not afraid to ask tough questions that need to be asked - all while using common sense for what is best for our district's children. I'll continue to be responsive to those who communicate with me. I have no axe to grind, no hidden agenda, not even a rubber stamp to use. By saying this, I'm not suggesting someone else does.

I would like the opportunity and privilege to continue to serve the citizens of the Newton Community School District as a board member, working on your behalf to see to it that our children are being offered the best education we possibly can. In order for me to do so, please cast one of your votes for Darrin Hamilton.

PC Masonic Lodge to hold pancake breakfast for Freedom Flight

Newton Independent

In an effort to raise funds for the Jasper County Freedom Flight, the Preston Masonic Lodge No. 218, located at 402 West Second Street in Prairie City, will hold a pancake breakfast from 6 to 10 a.m. on Saturday, Sept. 10.

Lodge members will be serving pancakes, scrambled eggs, sausage patties, hash browns, biscuits and gravy, milk, juice and coffee.

For a free will donation, those attending are invited to eat all that they can.

Ice cream social set at Kellogg church

Newton Independent

Kellogg United Methodist Church, located at 417 2nd St. in Kellogg, will hold an ice cream social from 3:30 to 7 p.m. on Thursday, Sept. 8, at the church.

Beef burgers, chicken sandwiches, potato salad, baked beans, pie, cake, drinks and ice cream will be served.

Carry out is available.

Applications available for United Way funding

Newton Independent

Letter of intent forms for United Way of Jasper County grant funding are now available for the 2012-2013 funding cycle for programs that fall within the community impact areas of education, health and income.

The United Way seeks to support programs and agencies that demonstrate consistency with the United Way mission, values, priorities and commitment to addressing identified community needs.

The United Way of Jasper County's mission is to provide collaborative leadership to align critical needs with resources to advance the common good.

United Way operates a program-based fund distribution system and allocates funds to specific programs of tax-exempt, non-profit agencies serving Jasper County residents.

For agencies that did not receive United Way funding last year and are interested in applying, contact the United Way office at 641-792-1684 or unitedway@iowatelecom.net to receive the eligibility criteria, application guidelines and letter of intent form for review.

Applications are due by 4 p.m. Friday, Sept. 30.

For more information, visit the United Way's web site at www.UnitedWayofJasperCounty.org

State Patrol teaches bus safety

 
A kindergarten student at Berg Elementary School in Newton is assisted out the emergency exit by an Iowa State Patrol Trooper and a school district worker during the state patrol's yearly bus safety training session with Newton students. Sr. Trooper Doug Cutts, the safety training officer for the area patrol district, said that ISP and Newton School District team up each yer to provide bus safety training to new students. Kindergartners are taught the rules of riding a school bus, how to get on and off the bus safely and in the event of an emergency how to use the emergency exits.

- Newton Independent  

State touts new virtual jobless services sytem; others not so sure

Newton Independent

Iowa Workforce Development officials today were touting their efforts to roll out more than a hundred virtual access points in advance of tomorrow's closure of about 30 workforce service center offices across the state.

Teresa Wahlert, director of Iowa Workforce Development, said in a press release that the new kiosk-style computer terminals the department is deploying across the state will bring workforce services "closer to Iowans."

"The access point system provides Iowans with the opportunity to utilize workforce services in a convenient location close to home," she said. "With over 135 access points, 16 regional centers and three satellite offices, we have more than doubled our access for Iowans and we will continue adding locations throughout the year."

Wahlert's praise of the new virtual access point system is being questioned by many, including Newton Mayor Chaz Allen and Newton Library Director Sue Padilla in a Des Moines Register news article today.

Allen, who used the services of Newton's Workforce Development office after being laid off from Windstream following its take-over of Iowa Telecom, said sitting alone in front of a computer while looking for work or attempting to negotiate the unemployment claim process is not the same as working with an experienced workforce specialist.

"Your life has been turned upside down, and sitting in front of a computer is not as comforting as someone saying, 'We'll do this, this and this, and everything will work out fine,'" Allen told the Register.

Padilla, who has yet to be approached about placing one of the new access points at the Newton Library, said she was concerned about the impacts to library staff in having to answer user's questions and police the site.

"The people who are out of work are in need of assistance and need expert help," Padilla told the Register. "To lose that office is disappointing and just very frustrating."

The Newton Workforce Development Office is scheduled to close in late October.

Speed limit to be reduced along stretch of dangerous highway

Newton Independent

Due to the spate of fatal and personal injury traffic accidents along a stretch of roadway in northwest Jasper County, the Iowa Department of Transportation announced today that it was lowering the speed limit in the area.

State DOT officials said speed limits will be reduced to 60 mph along a 1.58 mile stretch of U.S. Highway 65/330 between Iowa 117 and Jasper County Road F-17 beginning Thursday.

The Iowa DOT plans to install the new speed limit signs on Thursday, weather permitting.

There have been several fatal accidents along that stretch of highway in the last several months, the last coming earlier this month.

Newton School Board candidate: Bill Perrenoud

Newton Independent

Editor's Note: The Newton Independent has invited each of the candidates running in the Sept. 13 school election the opportunity to introduce themselves and give readers an idea on why they are seeking public office. Bill Perrenoud, who is seeking election to one of the three open four-year terms on the school board, is the next to reply. The Newton Independent is waiting for responses from each of the incumbents seeking re-election.

By BILL PERRENOUD

Serving on a school board is a difficult position to hold. People with different viewpoints all want to see their cause to become the way it goes. It takes a special person to be able to look at issues from all angles and be sure the best possible solution can be reached. As a 33-year veteranteacher and counselor (13 years as a teacher at Thomas Jefferson and 20 years as elementary counselor between Emerson Hough and Woodrow Wilson) I have seen a wide variety of needs presented and solutions established.

Another advantage of my years of experience with the district is that I have been around for the closing of Central Junior High and Washington, Kellogg and Lincoln elementary schools. In each case the district and the school board did a fantastic job of getting all the questions answered and when the inevitable happened the public was accepting. I don't feel this was the case with the closing of Emerson Hough. In my fact finding and talking with people before, during and after this decision was made, there were several decisions thrown out as unnecessary and the board ended up voting to close the wrong school. This has created a backlash in the community that is still harboring bad feelings in our community.

The way the elementary buildings have been realigned has created many families to have children placed in different buildings that have caused additional hardship to those families. The school board and the administration all say they want to have families involved in their children's education, as it should be, but have made it more difficult to have that happen. Why should a parent have to join two PTAs just because they have a child in a primary building and another child in an upper grade building? I feel the neighborhood school concept better serves FAMILIES. If the board took the proper action, families could reunite, which could increase parents' involvement and increase the morale of students and staff. As a board member, I would work to make sure my votes go to help strengthen families, as well as provide the best possible educational program for its students.

A strong curriculum is very important to prepare the students for the next level of education, whether between preschool, elementary, middle school, and high school. I know from experience that our district works hard to make the curriculum up to date and what is best for the students. I say that, yet I have had several parents and graduates tell me in our conversations that they really didn't feel the high school curriculum prepared them for post high school education. This concerns me. This tells me somewhere we have students who are allowed to take a path that isn't preparing them for continued education after high school. This is where the students, parents and the schools need to be sure they are challenged and are prepared for the next level. This is a concern I feel needs to be addressed.

I have visited with former board members who have indicated that they felt the school board was becoming more of a "rubber stamp" for what administration asks. I don't feel I would be a "rubber stamp." The board needs to do its own research and ask questions to be sure we know what is going on in the district that will benefit our children the most.

Letter: Vote for Klingensmith for school board

To the Newton Independent:

Are you voting for a candidate who has previous school board experience?

Are you voting for someone who is president of the PTA?

Are you voting for someone who already has it on their calendar to meet monthly with teachers, parents and two principals for the entire school year?

Are you voting for the father of two children who devotes countless hours to kids activities?

Are you voting for a father who donates time, money, food to our community?

Are you voting for the only candidate who has children attending Woodrow Wilson?

I am! I am voting for Joe Klingensmith.

When the board was threatening to close Woodrow Wilson, ONLY Joe returned my e-mails, took my calls and listened to my concerns.

Joe Klingensmith takes the time to review information and explain his position.

Southwest Newton schools needs Joe Klingensmith for school board.

Five candidates, three positions, four-year terms. Joe Klingensmith is vital to keeping two schools in southwest Newton.

Please watch or attend the School Board Forum Tuesday, Aug. 30 (tonight at 7 p.m.) at Newton City Hall.

Please vote for Joe Klingensmith Sept. 13, 2011.

Deana Gast
Newton

'Drive Sober or Get Pulled Over' crackdown under way

Newton Independent

The Newton Police Department is joining more than 10,000 law enforcement agencies nationwide in its participation in an impaired driver crackdown campaign dubbed "Drive Sober or Get Pulled Over."

The crackdown, running now through Sept. 7, is designed to reduce the incidents of impaired driving and its often fatal results. Though alcohol-related driving fatalities fell from 2008 to 2009, the incidences still remain high. In Iowa during 2009, there were 371 fatal crashes with 92 resulting from an alcohol-related crash. The age group with the highest percentage of alcohol-impaired driving fatalities is the 21 to 24 group.

"All too often, innocent, law-abiding people suffer tragic consequences and hte loss of loved ones due to this careless disregard for human life, said Larry Sauer, bureau chief for the Iowa Governor's Traffic Safety Bureau. "Because we're committed to ending the carnage, we're intensifying enforcement during the crackdown. Since twice as many alcohol-impaired crashes occur over the weekend, and four times as many occur at night, we will be especially vigilant during these high-risk times."

Law enforcement around the state and nation will be aggressively looking for impaired drivers and other traffic violators during the crackdown. During last year's special enforcement period, there were seven fatalities, two of which were alcohol related. Also during the enforcement period, nearly 35,500 traffic violations were reported by Iowa's law enforcement.

Wardlow announces his retirement as Newton City Administrator

Newton Independent

Newton City Administrator Tom Wardlow has announced his plans to retire on Jan. 3, 2012, Newton Mayor Chaz Allen announced in a press release this morning.

"Tom has been part of the City of Newton for 10 years and directing city operations for four years as interim or full-time city administrator," Allen said. "Tom has worked tirelessly to bring continuity to the city operations over the past several years of Newton's transition.

"The Council knows it faces a significant challenge in finding a successor for Tom, given the legacy he leaves in economic and public policy work."

Allen said the Newton City Council will begin immediately to put out Request for Proposals to employment search firms to move forward to hire a new city administrator.

Newton plumbing contractor resists Bank Iowa's dismissal motion in motel foreclosure action

By PETER HUSSMANN

Attorneys for a Newton plumbing contractor say there are way too many disputed facts to allow the court to grant Bank Iowa's motion for summary judgment against the remaining contractors seeking payment for the work they did at the failed Prairie Suites motel project in Newton.

Lawyers for Warnick, Inc., doing business as Yeager Mechanical, filed a resistance last week to Bank Iowa's motion to dismiss the remaining claims brought by contractors involved in the bank's foreclosure action against the project's developers.

In its 200-page filing, Warnick outlines a host of "disputed issues of material fact, each of which precludes entry of summary judgment in favor of Bank Iowa."

Specifically, lawyers for the plumbing contractor contend that issues of fact still need to be settled through trial on whether:

• Warnick was advised by hotel developer HNF Development prior to April 1, 2009 that the company was hired as the plumbing and heating contractor for the project.
• HNF either owned or had a binding agreement with Douglas and Jones, LLC (Dave Fisher's firm for the construction of the Prairie Gas convenience store) for the purchase of one of the two real estate parcels which comprise the project
• Warnick was authorized by Fisher, as an officer of both Douglas and Jones and HNF, to begin work on the project prior to April 1, 2009.
• Warnick had commenced making visible improvements on the project site on April 1, 2009, prior to the bank's filing of a mortgage on the property.
• Any portion of the bank's loan proceeds were used to pay for the purchase of the hotel property
• Bank Iowa officials "made false and misleading statements" to Warnick representatives regarding "HNF's ability to pay for the labor and materials" on the project
• Warnick "reasonably relied on the false and misleading statements" by bank officials to such a degree that "Bank Iowa is estopped from foreclosing its lien against Warnick's interest in the project site."
• Bank officials' "false and misleading statements to Warnick regarding HNF's ability to pay for improvements to the project site constitute bad faith so as to preclude Bank Iowa from qualifying as a good faith purchaser of the equipment that Warnick removed from the project site on April 9, 2010."
• Warnick had the right to remove the equipment brought to the site, "but was not installed, which equipment was not paid for and was removed without causing damage to the hotel."

Documentation provided in the filing by Warnick expounds on each of the contentions over material facts and provides what it deems as evidence that its position in the foreclosure action is superior to that of Bank Iowa.

Nearly all of the contractors who were initial parties in the foreclosure due to their liens on the property have been dismissed from the case. Only Warnick, the City of Newton ($125,000 development grant) and Premier Ceilings ($7,500) remain in the case.

A hearing on Bank Iowa's motion for summary judgment had previously been scheduled for Sept. 13, but the judge set to hear the matter recused himself due to his former law firm's representation of the motel developers and his wife's business association with Bank Iowa. A new hearing date has yet to be set.

Newton man fired over botched urine test sues Trinity Towers

By PETER HUSSMANN

A Newton man has filed suit against Trinity Structural Towers and a Minnesota drug-testing firm claiming he was wrongfully terminated from his position with the Newton wind tower manufacturing plant "for purportedly refusing to provide a urine sample."

Shawn Lyons filed suit against Trinity and MedTox Laboratories in Jasper County District Court last month claiming the actions of both companies violated his rights under the Iowa Workplace Drug Testing Law.

In February, according to the complaint, Trinity required Lyons to provide a urine sample for workplace drug testing. MedTox administered the collection of Lyons' sample, but due to the inability of the MedTox technician to "accurately measure the temperature of the first sample," required Lyons to provide a second urine sample.

In asking for the second sample, Lyons claims the MedTox technician required him "to provide a second urine sample in the presence of, and in close proximity to, its agent ...," the filing states.

"At the time of the attempted collection of Lyons' second urine sample, there was no reasonable suspicion that Lyons would alter or substitute the urine specimen provided, or had previously altered or substituted a urine specimen provided pursuant to a drug or alcohol test," the claim states.

Lyons claims MedTox Laboratories "failed to administer the attempted collection of Lyons' second urine sample with regard to his privacy" and as a result "of the invasion of privacy, Lyons was unable to provide a second urine sample."

Trinity then terminated Lyons' employment with the company for "purportedly refusing to provide a urine sample," a contention Lyons refutes.

"Lyons did not refuse to provide a urine sample to be tested for drugs and/or alcohol," the filing states.

Last week, Trinity Industries asked that the case be moved from Jasper County to the federal court system in Des Moines.

Google to assist Iowa businesses get online under new state partnership

Newton Independent

Iowa Gov. Terry Branstad announced today a state partnership with Google that will assist Iowa businesses in establishing an online presence.

The Google-led program, called "Iowa Get Your Business Online," is designed to drive economic growth by providing local Iowa businesses with the tools and resources necessary to get an online presence.

Iowa companies, with the assistance of Google, will be able to receive a free, easy-to-build professional web site, a free, customized domain name and hosting for one year, a local business listing on Google Places, free tools, resources and trainings.

Google has partnered with several organizations to make the project possible, including the Iowa Partnership for Economic Progress, Iowa Association of Business and Industry, the Iowa Small Business Development Center, the Iowa Chamber Alliance and several other educational and entrepreneurial programs across the state.

"While 97 percent of people research local products and services online, 59 percent of small businesses in Iowa do not have a web site," Branstad in announcing the program. "This new initiative is aimed to grow business in Iowa and will help Lieutenant Governor Reynolds and I achieve our goal of creating 200,000 new jobs for Iowans."

Google and its partners will be hosting a series of events over the next few weeks to get small businesses online. Small business owners that are interested in obtaining a free web site can attend the Google events in the Des Moines area on Sept. 12 and 13, in Council Bluffs on Spet. 15, in Waterloo on Sept. 16 and in Pella on Sept. 30.

"One of the best ways we can help small businesses and the economy is to help Iowa businesses increase their visibility online," Reynolds said. "This enables them to find new customers and sell more products and services. Google chose to invest $600 million in their state-of-the-art data center in Council Bluffs because it continues to be a center of commerce. As part of their ongoing commitment to Iowa, they have decided to bring this event here and help Iowa businesses grow."

Google and its partners will be coming to other Iowa cities throughout the state in the coming months. More information on how to sign up can be found here.

Court allows attorney to hire forensic pathologist in vehicular homicide case

Newton Independent

A Jasper County District Court judge has allowed the attorney representing the Newton teen facing two counts of vehicular homicide stemming from a single-vehicle accident last March that claimed the lives of two Newton brothers to hire a forensic pathologist at state expense.

District Court Judge Darrell Goodhue last week granted Newton attorney John Billingsley's request to hire Bradley Bruce Randall, MD, a forensic pathologist in Sioux Falls, S.D., to serve as a consultant on the felony case against Joseph Stoner, the driver of the vehicle involved in the crash southwest of Newton that claimed the lives of brothers David Edward Stattleman, 16, and Dakota Charles Stattleman, 14.

In granting the request, Judge Goodhue ordered that the cost to the state shall not exceed $1,200 without further order of the court.

Billingsley was appointed Stoner's new court-appointed attorney late last month.

Stoner, 19, was charged with two counts of vehicular homicide after admitting to law enforcement to smoking marijuana prior to the accident and consented to have a urine sample taken for chemical testing. The results indicated a positive screening for cannabinoids (marijuana) and oxycodone.

Trial is currently set for Dec. 7.

Another Trinity Towers worker joins wage issue lawsuit

Newton Independent

Another worker at Trinity Structural Towers has joined the class-action lawsuit over allegations of unpaid over-time compensation filed against the Newton wind tower manufacturer earlier this year.

A consent to join the collective action form was filed by attorney's currently representing more than a dozen workers at the plant on behalf of Trinity production worker Terry M. Maden on Friday.

The lawsuit claims workers at the plant were not paid for time they were required to work in excess of 40 hours in a week. The company has denied the claims.

The form filed in federal court in Des Moines indicates that workers at the plant have until Sept. 19 to sign the opt-in consent forms to join the lawsuit.

Letter: Why do we celebrate Christmas?

To the Newton Independent:

There aren't many people who can't tell you why we celebrate Christmas or Easter or the Fourth of July, but what is Labor Day and why do we pretend to celebrate it?

A lot of people look at it as the end of summer day or put-away-the-white-shoes-and-pants-day. I look into the future and I see this holiday becoming Corporation's Day if things continue as they are progressing in Iowa and the nation with the destruction of the labor unions by the Republican Party and the T. Baggers.

It seems that there is little to celebrate this year, but I will take note of this day and if you claim to be a Christian you should too because God sent a carpenter to redeem us.

Olen W. Lambert
Newton